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ALLAHABAD HIGH COURT [Varun Beverages Limited Vs State of U.P. And 2]

The wrong mention of number of Vehicle through which the goods were in transit and detained by the taxing authorities would be considered as a human error.

ALLAHABAD HIGH COURT [S.R. Sales 51/17 Maa Kripa Complex Rani Ganj Nayaganj Vs State of U.P. And 3 ]

The proceedings has been initiated solely on the basis of presumption that goods having been brought into the State using two different vehicles by same e-way bill. Once, it was found that the vehicle was carrying the required documents along with the e-way bill, no question arose for taking some other view.

DELHI HIGH COURT [National Board of Examination in Medical Sciences Vs Union of India]

The petitioner’s challenge, in the present batch of petitions, is three-fold. First, the petitioner claims that it is an educational institution and is covered under the exemption under Entry 66 of the Notification dated 28.06.2017. Second, the petitioner submits that notwithstanding the above, it would be entitled to exemption for tax on services rendered in conducting examination Third, the petitioner challenges the Circular dated 17.06.2021 in as much as it refers to the fee charge for FMGE Screening Test as a fee for accreditation.

ALLAHABAD HIGH COURT [Sahib Furniture Thru Proprietor Kuldeep Kaur t Vs State of U.P. Thru Secy. Institutional Finance Lko ]

The detention is fully based upon the foundation that the TDS-01 form was not accompanied along with the goods which were in transit. The orders impugned cannot be sustained and are quashed.

ALLAHABAD HIGH COURT[Ramji Kirana Store Thru. Proprietor Ramji Vs State of U.P. Thru. Addl. Chief Secy. Commercial Tax Deptt. Lucknow and 2 Others]

A present petition has been filed challenging the order passed in the exercise of powers under Section 73 of GST Act as well as the order whereby the appeal preferred by the petitioner was dismissed. The original order suffers from the vice of not following the mandatory provisions under Section 75(4) of GST Act and thus, is clearly contrary to the mandate cast by virtue of Section 75(4) of GST Act and is also in violation of principles of natural justice, thus, this court deem it appropriate to quash both the orders and remand the matter to the assessing authority to pass fresh orders after giving an opportunity of hearing to the petitioner

PUNJAB AND HARYANA HIGH COURT [Ram @ Raman Chaggar Vs Superintendent (Anti Evasion) of CGST Commissioner, Ludhiana ]

This Court would refrain from commenting anything on the merits of the case. However, confining itself only to the prayer made by the petitioner for grant of bail, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail.

ALLAHABAD HIGH COURT [anther Security Guard Services, Thru. Proprietor Chandra Shekhar Singh Vs State of U.P. Thru. Addl. Chief Secy. State Tax Deptt. Lucknow U.P. and 2]

The present petition has been filed by the petitioner challenging the orders whereby the demand has been confirmed against the petitioner under section 74 of the GST Act as well as the order whereby the appeal preferred by the petitioner was dismissed as having become time barred. Considering the fact that in the present case also, no opportunity of hearing was granted to the petitioner, neither any date for hearing was fixed, the writ petition deserves to be allowed.

SUPREME COURT OF INDIA [Chief Commissioner of Central Goods and Service Tax & Ors. Vs Safari Retreats Private Limited]

Judgment is reserved. SC granted time of two weeks to the learned counsel appearing for the parties to put in brief written submissions

KERALA HIGH COURT [C.P. Sangeeth VS The Registrar, Sree Sankaracharya University of Sanskrit, Kalady, the Vice Chancellor,] Sree Sankaracharya University of Sanskrit

It is settled law that after participating in a tender process, bidder cannot turn around and challenge the conditions in the bid document. This writ petition is dismissed

MADRAS HIGH COURT [Lenovo India Private Limited, (Represented by its Manager, Indirect Taxation, Shri. Govindaraya Pai) VS Assistant Commissioner of GST & Central Excise, Guindy Division, Chennai South Commissionerate of Central Taxes]

The petitioner has challenged the impugned order rejecting their application seeking refund, on the ground of violation of principles of natural justice. The impugned order is hereby quashed and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law.

CALCUTTA HIGH COURT [Karan Singh Vs State of West Bengal & Ors]

It is the discretion of the Adjudicating Authority to extend the period of the E-Way Bill up to 8 hours from the time of its expiry. The Adjudicating Authority failed to exercise its discretion. On this score, the order passed by the Adjudicating Authority and affirmed by the Appellate Authority is liable to be set aside.

JHARKHAND HIGH COURT [Solex Energy Limited Vs The State of Jharkhand The Commissioner of State Tax, Ranchi. The Deputy Commissioner of State Tax, Ranchi West Circle]

The assessment proceedings suffer from serious procedural errors in absence of a proper show-cause notice. The matter is remitted to the adjudicating authority to proceed in accordance with law afresh after issuing a proper show cause notice

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